Serah Muthio Mbondo & another (Suing on behalf of the Estate of Elijah Mbondo Ntheketha) v County Government of Machakos [2020] KEELC 1376 (KLR)
- Court
- Environment & Land Court
- Case number
- 1376
- Citation
- [2020] KEELC 1376 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramO.A. ANGOTE
Holding
The Plaintiffs are entitled to a permanent injunction and the accumulated rent since 1983 until 2016.
Facts
The Plaintiffs claim that the Defendant's predecessor in law, the Urban Council of Tala/Kangundo, requested to use a portion of the Plaintiffs' land for a bus park on a temporary basis in 1983. The Plaintiffs allege that the Defendant has been using the land as a bus park since then.
Issues
- Ownership of the land
- Trespassing and encroachment
- Payment of accumulated rent
Reasoning
The Plaintiffs provided evidence of a letter from the Urban Council and a freehold title, and a valuation report showing the accumulated rent. The Defendant did not dispute this evidence.
Outcome
The Plaintiffs' claim is allowed.
Orders
- Permanent injunction against the Defendant
- Payment of accumulated rent of Kshs. 80,742,353 as of 31st December, 2016
- Payment of Kshs. 1,454,231 per year from 2017 onwards until the suit property is vacated or purchased
- Payment of costs of the suit
Remedies
- Permanent injunction
- Accumulated rent
- Annual mesne profits
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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